No. 28968 (Amendment): R510-200-2. Definitions

 

DAR File No.: 28968
Filed: 08/29/2006, 09:59
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to avoid duplication of service between Ombudsman Program and Adult Protective Services.

 

Summary of the rule or change:

The rule change designates whether Adult Protective Services or the Ombudsman Program is the responsible agency to investigate or provide services on a particular case.

 

State statutory or constitutional authorization for this rule:

Section 62A-3-106.5

 

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state. Existing funds will be used.

 

local governments:

There is no anticipated cost or savings to local government. All costs will be borne by the state using existing funds.

 

other persons:

There is no anticipated cost or savings to other persons or external entities, public or private organizations, as the state has the funds set aside to cover costs.

 

Compliance costs for affected persons:

There will be no compliance costs for any persons at an individual level. The state will cover any costs with existing funds.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule may have a positive fiscal impact on skilled nursing, and other long-term care facilities in that the Ombudsman program will have additional resources to provide training and mediation services to those facilities. Lisa-Michele Church, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Aging and Adult Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/16/2006

 

This rule may become effective on:

10/23/2006

 

Authorized by:

Alan Ormsby, Director

 

 

RULE TEXT

R510. Human Services, Aging and Adult Services.

R510-200. Long-Term Care Ombudsman Program Policy.

R510-200-2. Definitions.

A. "AAA" means area agency on aging as designated by the Division of Aging and Adult Services.

B. "APS" means adult protective services.

C. The Division means the Division of Aging and Adult Services within the Utah Department of Human Services.

D. "Elderly resident" means an adult 60 years of age or older who resides in a long-term care facility.

E. Long-term ombudsman is a person, operating within the guidelines of the Older American Act and the policies of the Division, who advocates for residents of long-term care facilities to ensure the quality and adequacy of care received.

F. "Local LTCO" means the local program and personnel designated by the Division, through each AAA, to implement the (LTCO) Program within a defined geographic area.

G. "Responsible Agency" means the agency responsible to investigate or provide services on a particular case.

[G]H. "State LTCO" means long-term care ombudsman personnel within the Division.

[H]I. "Long-Term Care Facility" means any skilled nursing facility intermediate care facility, nursing home, residential care facility, adult foster care home, or any living arrangement in the community through which room and personal care services are provided for elderly residents.

 

KEY: elderly, ombudsman, LTCO

Date of Enactment or Last Substantive Amendment: [1994]2006

Notice of Continuation: November 1, 2002

Authorizing, and Implemented or Interpreted Law: 62A-3-201 to 8; 62A-3-104